Condominium Declaration - Laserfiche WebLink

Home Browse Search

I ,� . offendi g Owner, grant to the offending Owner a hearing as contemplated by the Act andl,.this � Section 13.3. The hearing may be held before the Soard or a committee of three or �jnore disinter sted Owners appainted by the Board. The offending Owner shall be given notice o the . nature f the violation and the right to a hearing, and at least ten days within which to requ t a hearing. The hearing shall be scheduled by the Board/committee and held within thirty da s ot' receipt `f the hearing request by the Boartl/com.mittee, and with at least ten days prior w ttet� notice t the offending Owner. If the afiending t")wner fails to request, or to appear at #he hearing, then the right to a hearing s}��all be waived and the Board/committee may take uch action a� it deerns appropriate. Hearings shall be conducted in a fair and equitable manner. The decisio� of the Board/committee and the rules for the conduct of hearings established b the Board/cpmmittee, shall be final and binding on alt parties. 1fie $oard's/c�mmittee's dec sion shall be delivered in writing to the offending Owner within ten days following the hearing, i not delivereid to the offender at the hearing. Any fines to be impased by the Association may, a the � Board's�Committee's discretion,be retroactive to the date of the violation or offense. 3.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expe ses, penaltie , or interest imposec! under this Section shall be a ]ien against the Unit of the Own r or Occupa t against whom the same are imposed and the personal obligation of such Owner i the same m nner and with the same priority and effect as Assessments under Section 6. Thei lien shall att ch as of the date of imposition of the remedy, but shall not be finai as to violations for which a hearing is held until the Board makes a written decision at ar following the hearing.i Ali ' remedi shall be cumulative, and the exercise of, or failure to exercise, any remedy shail n�t be deemed a waiver of the Association's right to pursue any other remedy. _ 3.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any colle tion � measur s, or any measures or action, 1ega1, administrative, or otherwise, which the Associ tion takes t enforce the provisions of the Act, the Governing Documents, or the Rules and Regulat ons, whether or not finally determined by a court or arbitrator, the Association may - assess he Unit owned by the violator with any expenses incurred in eonnection with uch enforce#nent, inciuding without limitation fines or charges previously imposed by the . Associaltion, reasonable attorneys' fees, and interest (at the highest rate aUowed by Iaw) o the delinqu�nt amounts owed to the Association•. Such expenses shall also include�ny collecti r�or conting�ncy fees or costs charged to the Association by a collection agency or other P son acting oln behalf of the Association in collecting any delinquent amounts owed to the Associ tion by an Cpwner or Occupant. Such collection or contingency fees or costs shall be the per onal obligati n of the Owner and shall be a lien a�ainst the Owner's Unit. 3.6 Liabilitv for Acts of Owners and Qccupants. An Owner shall be liable fo the eCpens of any maintenance, repair, or replacement of the Progerty rendered necessary by�uch � Owner' acts or omissions, and by that of Occupants ar guests in the Owner's Unit,to the e�ktent that suc expense is not covered by the proceeds of insurance carried by the Association or�uch Owner r Occupant. However, any insurance deductible amount and/or increase in insur�nce rates, r sulting from the Owner's acts or omissions may be assessed against the O ner respons ble for the condition and against his or her Unit. MPLS-Wo 9528I.11 33